How can I gain primary physical custody if I feel my ex-wife is neglecting them?

Asked about 4 years ago - Henderson, NV

My ex-wife and I have joint legal custody but she has primary physical custody. My son, who has a developmental delay according to the school district, hasn't been to school in 3 weeks. She didn't formally remove him from school until I informed her a motion was filed a week ago. When the kids arrive for visitation they are often dirty and seem to have lost weight during the week. And my daughter says my ex-wife's boyfriend's son hurts her, but I see no bruises or other marks. She also tried to have me arrested on 2 occasions in front of the kids for an old protective order that was modified for custody visits. I feel they are not having adequate care and I don't know what I should do because the burden of proof I am sure is on me. I fear for my kids' safety and their development.

Attorney answers (1)

  1. Marshal Shawn Willick

    Contributor Level 15

    Answered . Your concerns are well-founded. The standard for altering custody waas changed by the Ellis decision a few years ago, and furthe refined by last year's Rivero case. Both, along with the statutory list of factors, and all relevant legal tests, flowcharts, etc., are posted at http://www.willicklawgroup.com/child_custody_vi.... You should, first, review those materials.

    Was a motion filed? If so, you are already in process for that which can be done. If not, consider it. Have you considered, based on the neglect and abuse allegations, talking to CPS?

    You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state....

    If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_pol....

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